Category Archives: Nexus

CA6: Affidavit for SW failed both PC and nexus, but GFE applied: affidavit was detailed and 62 pages

The affidavit for the search warrant here failed to show both probable cause and nexus, and the court details why. However, the 62 page detailed affidavit detailing the whole investigation was not bare bones by any means, and the good … Continue reading

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CA6: Def’s returning home right after heroin sale provides nexus to house

There was probable cause for the search warrant and the good faith exception applies. After a heroin sale, defendant returned right to his home. It was reasonable to infer there would be evidence of the crime originating or brought back … Continue reading

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W.D.N.Y.: Controlled buys corroborate CI

The CI wasn’t supported by past history, but was by controlled buys. United States v. Williams, 2018 U.S. Dist. LEXIS 180895 (W.D. N.Y. Oct. 23, 2018). “Finally, the affidavit articulated a reasonable nexus between the place to be searched (the … Continue reading

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OH6: Leaving house to do a drug deal and going back home right after is inference drugs at home

The affiant’s allegation that defendant left his house to conduct drug deals then returned there right afterward creates a reasonable inference that drugs are kept in the house. Thus, there was probable cause for the search warrant. State v. Pettaway, … Continue reading

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CA6: Leaving house, doing drug deal, going back home is nexus

Leaving your house, conducting a drug sale, then returning to your house is nexus that there are drugs in the house. United States v. Houser, 2018 U.S. App. LEXIS 27671 (6th Cir. Sep. 28, 2018). “The magistrate judge presumed that … Continue reading

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CA6: Dist.Ct. erroneously suppressed over two kgs of heroin; the affidavit for SW showed a reasonable inference drugs would be found at home and GFE applied

The district court suppressed over two kilos of heroin finding that the affidavit for search warrant didn’t show probable cause and nexus to the defendant’s house. The Sixth Circuit reversed on both the probable cause and nexus issue and it … Continue reading

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PA: Nexus to house shown by def leaving home for a controlled buy

Nexus was shown for defendant’s house by his leaving the house to go a controlled buy. A frisk of defendant when he was home for the execution of the search warrant is valid. Commonwealth v. Kemp, 2018 PA Super 237, … Continue reading

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W.D.Ark.: Sexually explicit Facebook chats from home IP address is PC for the home

Defense counsel couldn’t be ineffective for not challenging the search of defendant’s apartment because there was probable cause. Sexually explicit Facebook chats with a minor from one’s home IP address is probable cause for the home. United States v. Ram, … Continue reading

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MN: Apt building common hallway not curtilage under Jardines for dog sniff

Dog sniff in the common hallway of an apartment building wasn’t unreasonable because it’s not curtilage under Jardines. State v. Edstrom, 2018 Minn. LEXIS 446 (Aug. 15, 2018). There was nexus: “Here, the investigating officer had significant experience. The officer … Continue reading

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CA6: Nexus not shown by old and speculative information

The showing of nexus to defendant’s house for drug dealing was wholly insufficient: (1) a suspected drug dealer once parked there, (2) the owner had a 17 year old conviction for drugs, and (3) a four month old uncorroborated tip. … Continue reading

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OH5: GFE applies although affidavit for SW showed no nexus to house

The affidavit for the search warrant identified the suspects and what was to be searched for, but it said nothing about nexus to defendant’s house. Yet, the court finds that the search warrant was not bare bones based on supposition, … Continue reading

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CA6: Nexus shown to search def’s house for evidence of his drug deals

Defendant’s drug dealing connections were sufficient to establish nexus to his house. Drug dealers cannot immunize their activities by doing drug deals in parking lots. In any event, the good faith exception applies. United States v. Jenkins, 2018 U.S. App. … Continue reading

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